The IPKat BLOG – Page 39

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Sunday Surprises

http://ipkitten.blogspot.com/2024/02/sunday-surprises.html Kat-news As it happens every week, we report on a number of developments … both in the IP world and the IPKat Team! Katnews We have two major news items concerning the IPKat team we wish to share with our readers. Hayleigh Bosher´s fellowship Over the past several years,... Continue reading
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Right of communication to the public returns to the CJEU: should the operator of a short-term rental apartment building pay a licence fee when they install TV sets in those apartments? Yes, says AG Szpunar

http://ipkitten.blogspot.com/2024/02/right-of-communication-to-public.html The IPKat’s whiskers are natural antennae: but do they fall withinthe scope of recital 27? Where do you draw the line between the “mere provision of physical facilities”, which – in accordance with recital 27 of the InfoSoc Directive – falls outside the scope of the right of communication to... Continue reading
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GC rules on bad faith and abuse of right in trade marks filing

http://ipkitten.blogspot.com/2024/02/gc-rules-on-bad-faith-and-abuse-of.html By decision of 17 January 2024, the General Court (GC) ruled in a case concerning several national trade marks applications carried out with the aim of bypassing the six-month cooling-off period provided by Article 29(1) of Regulation No 207/2009. The applicant was considered in bad faith and the filing... Continue reading
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Guest book review: Contentious Trade Mark Registry Proceedings

http://ipkitten.blogspot.com/2024/02/guest-book-review-contentious-trade.html This is a book review of Contentious Trade Mark Registry Proceedings by Michael Edenborough KC. This review is kindly provided by Zoi Krokida, Lecturer in AI, Innovation and Law at Brunel University London. This title was nominated in the IPKat book of the year awards 2023! Here’s what Zoi has to... Continue reading
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[Guest post] More than just a question of interpretation? INTA attempts to prevent CJEU from interpreting ‘due cause’ too broadly in IKEA, C-298/23

http://ipkitten.blogspot.com/2024/02/guest-post-more-than-just-question-of.html The IPKat has received and is pleased to host the following guest contribution by Til Todorski (Stockholm University) concerning some recent developments relating to the pending referral to the Court of Justice of the European Union (CJEU) in IKEA, C-298/23 (discussed on The IPKat here), a key case for the... Continue reading
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Book review and discount code: Commercialising Celebrity Persona

http://ipkitten.blogspot.com/2024/02/book-review-and-discount-code.html This is a review of Commercialising Celebrity Persona, Intellectual Property Law and Practice by Emma Perot, Lecturer in Law at the University of the West Indies, St Augustine, Trinidad and Tobago. Bloomsbury publishing have kindly provided IPKat readers who would like to purchase this book with a 20% discount.... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2024/02/never-too-late-if-you-missed-ipkat-last_20.html If last week passed too quickly to follow all the IP updates, not to worry, this Kat has put together a whistle-stop tour of the news and events you missed: Patents A Kat thinking about law and technology.Photo by Nathan Osman via Pixabay. Anna Maria Stein updated readers on... Continue reading
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New CJEU referral on interplay between bad faith and trade mark functionality

http://ipkitten.blogspot.com/2024/02/new-cjeu-referral-on-interplay-between.html Last month, the French Supreme Court (Cour de Cassation) submitted a request for a preliminary ruling to the Court of Justice of the European Union (CJEU). The text of the request (C-17/24) is not yet available on the CJEU’s website, but may be accessed through the national proceedings (No... Continue reading
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Spanish Court finds that virtual exhibition of NFTs based on paintings is “harmless use”

http://ipkitten.blogspot.com/2024/02/spanish-court-finds-that-virtual.html In a recent decision (original Spanish here: link) Barcelona’s Ninth Mercantile Court (the Court) ruled in favour of Mango in a lawsuit brought against it by the Spanish copyright society VEGAP over the creation of NFTs based on the works of three well-known Catalan artists, finding that Mango could rely on... Continue reading
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The Cologne Cathedral is not Neuschwanstein

http://ipkitten.blogspot.com/2024/02/the-cologne-cathedral-is-not.html The case law on the protection of geographical names as trade marks started with the CJEU’s Windsurfing Chiemsee judgment (cases C-108/97 and C-109/97). The court held that geographical indications must be free to be used by all, not least because they may be an indication of the quality and... Continue reading